Roberts v. State

The opinion of the court was delivered by

O’Connor, J.:

This K. S. A. 60-1507 proceeding was instituted by the appellant (hereinafter referred to as the petitioner) in Sedgwick county district court. From the court’s order denying his motion, the petitioner has appealed.

The primary question presented is whether or not in a criminal prosecution wherein the original sentence of imprisonment has been vacated and set aside because of its being in excess of that authorized by statute, must the defendant be personally present in court at the time the new sentence of imprisonment is imposed. We are…